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CARLSON v. MUTUAL SERVICE INS.

No. C1-91-1122.

494 N.W.2d 885 (1993)

James CARLSON, et al., Respondents, v. MUTUAL SERVICE INSURANCE, a/k/a MSI Insurance, et al., Petitioners, Appellants.

Supreme Court of Minnesota.

February 5, 1993.

Attorney(s) appearing for the Case

Leif A. Nelson, Grand Rapids, for appellants.

W. Scott Herzog, Dale M. Wagner, Minneapolis, for respondents.

Considered and decided by the court en banc.

COYNE, Justice.

Once again we consider the question of the imposition on an insurance agent of a common law duty, based on special circumstances, to specifically offer underinsured motorist coverage as a part of an automobile insurance policy issued subsequent to the repeal of the statute, Minn.Stat. § 65B.49, mandating an offer of underinsured motorist (hereinafter UIM) coverage. The court of appeals affirmed the trial court's imposition of such a duty in the...

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